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Immigration Daily November 15, 2002
Previous Issues
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Editor's Comments

The dynamic duo of immigration - Ron Klasko and Tammy Fox-Isicoff - will wrap up the INS/DOS/DOL seminar next week. The seminar will feature a round-up of agency positions on thorny cross-agency issues, and will offer practice tips. The speakers will also discuss the impact of the now-all-but-certain new Homeland Security Department on cross agency issues of the near future. The deadline to sign up is Sunday, November 17th.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.


INS/DOL/DOS Seminar Deadline Is Sunday, November 17th

ILW.COM's seminar course "INS, DOS, DOL - The Search for Consistency" features Jacqueline Bednarz (INS), Steve Fischel (DOS) and Harry Sheinfeld (DOL). Leading the discussion will be distinguished practitioners Ron Klasko and Tammy Fox-Isicoff who are justly reputed to be dynamic and incisive speakers. Each of the seminar course's 3 sessions features 30 minutes of Q&A with the speakers.

Many complex immigration issues require resolution with more than one government agency. Examples include H-1B and adjustment portability, 245(i) labor certification grandfathering, ACWIA issues, 212 waiver issues, changes in location or salaries of H-1Bs, changes from adjustment of status to consular processing, substitution of experience for education, J-1 issues and consular readjudication of approved petitions.

Many opportunities exist to ask the INS or the DOL or the DOS for that agency's position on particular issues. However, this seminar is a rare opportunity to confront three of the most knowledgeable government officials in one forum to resolve issues where their respective agencies have taken contrary or inconsistent positions.

The following is the curriculum for "INS, DOS, DOL - The Search for Consistency"

FIRST Phone Session on September 10, 2002: DOL/INS Issues
This session will deal with DOL and INS positions on cutting edge issues including:

  • Start date of H-1B employment where issuance of social security number delayed
  • 245(i) grandfathering based on withdrawn or denied labor certification applications
  • Effect of concurrent filing on labor certification substitutions
  • Impact of leaves of absence on H-1B aliens and employers
  • Effect of changes in employer structure, job description full-time status, salary and location of employment on LCA, I-129, ETA, I-140 and I-485

SECOND Phone Session on October 16, 2002: DOS/INS Issues
This session will deal with DOS and INS positions on cutting edge issues, including:

  • Child Status Protection Act
  • Concurrent adjustment/consular processing issues
  • Consular readjudication/revocation of INS-approved petitions
  • 3 and 10 year bar waivers
  • Travel by H-1B portable aliens
  • Who is subject to the two-year return requirement?
  • Accompanying or following to join

THIRD Phone Session on November 20, 2002:

  • Summary of DOL/INS/DOS positions on cross-agency issues
  • Hot Issues at DOL, INS and DOS
  • Impact of formation of Homeland Security Department on DOL, INS, DOS
  • Post-election legislative forecast for the new Congress
  • 2003 - a look ahead
Speakers for this seminar series include:

Jacqueline Bednarz, Special Assistant to the Executive Associate Commissioner for the Office of Policy and Planning of the Immigration and Naturalization Service in Washington, D.C.

Steve Fischel, the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State.

Harry Sheinfeld, Litigation Counsel in the Employment and Training Legal Services Division, Office of the Solicitor, at the U.S. Department of Labor.

Speakers for the final session of this seminar course are Ron Klasko and Tammy Fox-Isicoff.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.

Featured Article

INS Proposed Regulations For Certification Of Health Care Workers Heighten Current Shortages
Ann Pinchak writes "the proposed regulations will have a major negative impact on US facilities as they seek to sponsor prospective employees in nonimmigrant status and to extend the stays of current nonimmigrants."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

INS Issues Foreign Travel Advisory for Aliens With Pending Immigration Applications
The INS issued an advisory to aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole from the INS before traveling abroad.

Senior DOS Official Speaks On Controversial Senate Confirmation
Deputy Secretary of State Armitage was interviewed on Fox News on Maura Harty, who is up for confirmation as head of the Consular Affairs Bureau.

Congress Debates The Bill To Abolish The INS
Congress debated the Homeland Security Act of 2002 including its immigration law provisions. During the debate, Rep. Goss (R-FL) said, "... and I believe that this Homeland Security Department will be organized in a way that will help us better deal with the immigration subject in a way that meets the requirements of all Americans and protects our borders from mischief makers." The entire debate is in four parts: One, Two, Three and Four.

Drug And Immigration Counts Cannot Be Grouped
In US v. Vasquez, No. 01-4995 (4th Cir. Jul. 25, 2002), the court said that the Defendant's drug and immigration counts could not be grouped together for calculating the offense level for sentencing under the Sentencing Guidelines since different societal interests were harmed by his drug and immigration offenses.

Increased Migration From Mexico Likely Next Year
The Washington Post reports "Anti-globalization activists predict that millions of Mexican farmers will stream into the United States when Mexico lifts tariffs on U.S. farm products in January."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted - Immigration Attorney
The Law Offices of Margaret Wong & Associates, LPA seeks an experienced immigration attorney with 3 - 5 years of experience to join its thriving boutique immigration law practice located in downtown Cleveland, OH. Founded over 20 years ago, the firm now consists of 6 attorneys and 40 other staff members. We offer a challenging and exciting work environment and seek a candidate possessing a keen legal mind. Research and drafting skills are a must. If interested, please submit a resume and cover letter via email to or fax to 216-566-1125. No phone calls please.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
This press release was sent out today.

Bush Administration Attempts to Send FBI Informant to Certain Death in Colombia - After she helped the United States government to identify a major Colombian drug lord, the Immigration and Naturalization Service is attempting to deport Maria Rosciano to a certain death in her native Colombia.

Rosciano, a lawful permanent resident of the United States since 1984, was induced by the Federal Bureau of Investigation and the Drug Enforcement Administration to obtain information about the drug lord and assist in the convictions of members of a trafficking ring in exchange for a lighter sentence in her own conviction.

Despite an undisputed finding that Rosciano's life is in danger in her country, the Bush Administration yesterday appealed the U.S. District Court's September 10, 2002 decision granting Rosciano a stay of deportation "until such time as the [government] can show that she is not likely to be murdered in Colombia."

In October 1999, a San Francisco immigration judge determined that [Rosciano's] "life is in danger from the drug traffickers in her native Colombia and that it is likely she will be killed if returned to Colombia because she helped United States law enforcement officials learn the identity of a major trafficker and she helped convict two other traffickers."

Although the Bush Administration does not contest that finding, it proceeds in its effort to remove Rosciano.

Rosciano's attorney, Robert B. Jobe, criticized the Administration's decision to appeal. "This is a moral outrage, and from a policy standpoint, it's idiocy. No one is going to want to cooperate with the FBI if doing so puts her life in danger and the U.S. government is not only unwilling to protect her, but is actively trying to put her in harm's way," Jobe said.

Rosciano will remain detained by the Immigration and Naturalization Service until the U.S. Court of Appeals rules on the Bush administration's appeal. This is expected to take at least another year. Meanwhile, Rosciano's two U.S. citizen daughters wait to hear whether or not their mother will be deported to Colombia to face a fate similar to that of their aunt, who was killed after she provided Rosciano with information that the FBI requested.

Chronological Background of the Case

In 1996, Rosciano's brother was murdered by drug traffickers because of his role in a failed drug transaction. The FBI was interested in the drug cartel involving Rosciano's brother, and specifically in the identity of a major drug lord involved in the failed drug transaction. The FBI believed that Rosciano would be able to help them track down this information. Shortly after the death of her brother, the FBI sent confidential informants, also of Colombian descent, to move in next door and befriend Rosciano at her home in an effort to discover the desired information. The confidential informants conducted a sting on Rosciano's property, which resulted in her arrest and conviction.

Still eager to learn the identity of the drug lord, the authorities made a plea agreement with Rosciano: in exchange for a shorter sentence, Rosciano would use her familial connections in Colombia to help the FBI obtain information about the drug lord, as well as assist in the convictions of the parties involved in the drug transaction conducted on her property. Because Rosciano was not a U.S. citizen, she was fearful of losing her immigration status upon assisting the authorities. Although the U.S. government refused her requests in obtaining a visa which would have enabled her to stay in the U.S., they assured her that she would not be deported if the trial judge recommended that she not be deported. The trial judge did so recommend that she not be deported.

Nevertheless, in 1999, upon finishing her sentence, Rosciano was placed in removal proceedings by the INS. The Immigration Judge made a finding that Rosciano would be killed if returned to Colombia. However, Rosciano was statutorily ineligible for relief because her drug trafficking conviction was considered a "particularly serious crime." The Board of Immigration Appeals affirmed the Immigration Judge's decision.

Rosciano was terrified of the prospect of being returned to Colombia, and therefore filed a Petition for Writ of Habeas Corpus with the United States District Court, and a temporary restraining order prohibiting her deportation to Colombia. In her Petition, Rosciano asserted that because they took her into custody and induced her to become an informant, the government was obliged not to send her to certain death. Ironically, the government does not dispute that Rosciano will most likely be killed if sent to Colombia. Indeed, the government represented to Rosciano that removal would be unlikely--however, they are now attempting to deport her.

On September 10, 2002, the U.S. District Court granted Rosciano's Petition, stating that the INS and the U.S. government could not deport her unless they could provide that she is not likely to be murdered. On Monday, November 12, the U.S. Attorney's office filed an appeal. Meanwhile, INS refuses to release Rosciano from jail. In fact, it appears that Rosciano will be held in custody as long as the case is pending.

Robert B. Jobe, Esq.
San Francisco, CA

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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